Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-02-25
An Open Letter

| To The MEMBERS OF THE HOUSE OF REPRE-
sENTATIvEs AND SENATE OF THE STATE OF
| MAINE.
Honored Sirs-You have been elected to
fill important stations in the government OF
this State. The constitution says: 1.-THE
legislature shall have full power to make and
| establish all reasonable laws and regulations
for the defense and benefit of the people of
this State not repugnant to thi, constitution,
nor Of that of the United States"-Art w,
Sec l. Among the many things you will be
asked to do is to make law that will increase
the fines and imprison person for illegally
selling intoxicating liquor. IL not this a
reasonable request? You will grant that the
men who have preceded you as Legislators
! have been wise. and that their enactments
have been reasonable touching the
following crimes which they have considered
to be of sufficient magnitude to demand i'm
prisoument for first offense. (a)FOrgery,
| (b)perjury, (e)incest, (d)burning buildings
with intent to defraud the insurers, (e)arson,
| CfburgIary, (g)ramping and drunkenness.
| The following crimes are punishable by
both fine and imprisonment: NRiot, (i)
fornication, DINA icious poisoning of wells,
! Dmalicious Iujury of trees, fences, gates, or
produce. (m)trespass on timber or wood
standing, (n)willful injury of monuments.
land marks, guide boards and lamps, (o)and
| libel. I. it reasonable to protect our trees.
fences and monuments by affixing a penalty
of fine and imprisonment, and to refuse to
protect our boys by equally severe penalties?
The reasons eness of this request is seen
from the fact that in 1877 the people by a
! ,,,cG "a
that imprisoned an offender for his first viola
ton of the prohibitorv law.
Are such additions to the law necessary
"for the defense and benefit of the people OF
this State?" We have a good law the
prohibition of the liquor traffic in Maine,
but it is not sufficient to afford us the pro-
lection nee ought to hare. There is a company
of men and women in the State that persist
in violating this law. They are arraigned
before our courts and as the law now stand.
it is possible for them to deposit a part OF
their profits with the court and continue
their business.
/ There i, aman in Cumberland County with
the following court report: (p) In 1881 he
paid a fine amounting to $ll4,90 (g) Ir
1882 he paid fines aggregating 1887 So Is,
In 1884 he paid fines aggregating S444
~ In 1886 he paid fines agQregating SPAS. &c
Court for 1886 he had \ case continued and
was indicted by the Grand Jury of the Janu Try
term for 1887 He has paid an average OF
1918 SO per year for the last six years, ant
, has never been sent to Jail. Notwithstanding
the present penalties, this man continues il
the business.
There is a case of a woman in this county
with the following court record: lr)In 1885,
she paid Sll7 AZ in fines, (V)in 1882 1926. 6S
(r)in 1884 s5lS 46, in (y)lss5 Sll9.79, aut
(z)in 1856 SAP 10, and in addition to th
she had her choice to pay 81, 443.29 or go t.
Jail for Is months. She preferred the jail
and was committed. You will notice that sh,
continued in the business as long as the fine
were comparatively light; when they in
creased she was obliged to give it up BY goini
to Jail.
One more case 1--WE might furnish many
more) in this county. % In 1862 he pait
Sl0S5. <2) in 1883 he WAS sentenced to ter
months in Jail, 81 in 1885 he paid Sl42 80
a. in 1896 $722,6l. making q total OF
$3.50 Sc, or an average of 1925 per year fol
the six years. 90 He had several cases il
the last term of court but one. During the
wears 1888 and 1884, his name 10 not found
in the Attorney Generals report. The Jail
sentence cured him for q while at least. He
was so prejudiced against Jail sentence
that in 1886, when he was sentenced to pay
fine of 1922 or six months in Jail, he preferred
to pay the fine and have his liberty.
The persons in this business will continu.
as long as it is profitable for them to- The
ONLY way to drive them out is to make thu
penalties sufficiently heavy to make tn,
business uncomfortable and Improbable
The persistency of these persons shows tn,
necessity of additional penalties Will yo.
not enact such as will protect us?
REFKRkNCEs
Revised Statutes, chap. l2l, sec. l. Ibid, chap
i22. see !. 3 Ibid. chap ia, sec. g. Ibid chap
; t39. sec. 1, 3. Ibid Ibid. chap llS, Sec .
Ibid. chap 1873. sec. II, Is. ibid chap 49, sec
: ibid, chap. l24, sec. 6. j Ibid, chap. I27, sec
A.. Ibid. sec. O. m Ibid, sec, Is. n Ibid. sec. 10
Ibid. chap 100. sec. g. Attorney Generals re
port for 1881. page - ibid for 1852, page ~ 80
Ibid for 1854, page 80. 80. Report of Clerk il
/ | Portland Advertiser. Ibid. Attorney General
report for 1881. page %. Ibid for 1882, page rs
Ibid for 1884. page &c. Report of Clerk of Court
in Portland Advertiser. "a Attorney Generals re
port for 1852, page e6. 81. (2) Ibid for 1885, pag
-. (s) Report of Clerk of Courts in Portland Ad
vertizer. az Ibid. (5) IBID
Respectfully yours,
W. ). MCINTYRE.
Brunswick, Maine, Feb. 18th, 1857.
/,
Know thyself nv reading rho ssSo,anoa %.